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(영문) 의정부지방법원 2016.01.12 2015고단788
유가증권위조등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Of the facts charged in the instant case, embezzlement related to G scambling against the victim F.

Reasons

Punishment of the crime

The Defendant, “2015 Highest 788,” when operating “I,” in Gyeonggi-gu H, Gyeonggi-gu H, entered into an agreement with the nominal owner of the middle-class, such as softeners, and engages in civil engineering works by leasing equipment or using heavy equipment upon entrustment of the management and operation thereof.

1. On September 2013, the Defendant would purchase and register dump trucks in the name of width to the victim F at the K K construction site located in the Gangnam-siJ of Gangseo-si on September 2013 by purchasing and operating dump trucks. The Defendant would receive loans under the name of width and then purchase dump trucks with the money.

“The purpose of “ was to make a false statement.”

However, at the time, the Defendant received the purchase price of heavy equipment from other partners and repaid the purchase price of the existing heavy equipment to the customer in the form of so-called “return prevention,” and even if the Defendant received the loan from the injured party, it was thought that he would consume it for the repayment of the existing debt, and thus, the Defendant did not have an intention or ability to purchase dump truck to the injured party due to the loan.

On September 24, 2013, the Defendant received 210,000,000 won from KT Capital Co., Ltd. from KTF Capital, and had the victim deposit the money into the account of the dump truck purchase under the pretext of the dump truck purchase price.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

2. On September 2013, the Defendant: (a) signed a name tag "O, LF, Gangwon-do P, and the rental of construction machinery" on the back pages of the check of KRW 300,000 at the face value of KRW 300,000 issued by L M; and (b) stamped the name tag "O, LF, Gangwon-do P, and the rental of construction machinery; and (c) affixed a seal of F while being kept by F.

Accordingly, for the purpose of exercising, the Defendant made an endorsement in the name of F, which is a statement on the rights and obligations of the check, which is a security.

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